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Depending on your jurisdiction, you might be able to acquire rights of adverse possession to someone else's land in Australia. This article provides a basic, starter overview to help your research.

Steps

1

Know your own State's legislation. The ability and length of time required to be able to obtain adverse possession of another person's land varies from State to State.

2

Look for the length of time required. Where it is possible to obtain land by adverse possession, there are time requirements (limitation periods) involved:

Be aware that if the claim is against the Crown (government), that such a claim can be made only in New South Wales and Tasmania, and both require a 30 year limitation period to pass first. There are also additional conditions in place, so you must seek legal advice. The reason for higher hurdles for claims against the Crown reflects the reality that it is harder for government to keep an eye on its lands and it is assumed that the government continues to hold possession for the public good despite any apparent neglect or lack of noticing squatters.

4

Have evidence of occupation and possession. Adverse possession means not mere occupation but also actual physical possession in an open and peaceful manner, without consent of the original owner. You will need to be able to prove to the Titles Office in your State that you have occupied the land for the entire period of time required. If you have any form of permission (such as a licence, lease, or agreement to use the land), you won't be able to claim adverse possession because it will be clear that the owner never intended to pass over ownership. Some signals of an intent to take adverse possession include:

Erecting signs requesting people to keep out, that the land is private, or enclosing the property securely, in an open manner without challenge;

Payment of rates and taxes.

5

Seek advice from a property lawyer. This isn't an easy process and few people will gain land through this method.

For starters, your lawyer will need to determine the point at which the limitation period commenced (such as when the previous owner vacated the land and didn't return). This is not necessarily a straightforward determination.

Your lawyer will advise you of the documentation and evidence that you will need to gather to build your case.

If you are disputing fence lines, get advice from a registered surveyor.

Tips

If the possessor obtains adverse possession of the land, the title of the previous owner is extinguished.

This is not the case in Torrens title land. In NSW, s45C RPA overrides s65 of the Limitations Act 1969, which (standing alone) would extinguish the registered proprietor's title when the statutory period of adverse possession expired. (Public Trustee v Bellotti (1986)).

Warnings

This article provides a very basic overview. There are so many possibilities signalling a lack of adverse possession, as well as the potential for many conflicting interests (including future interests) that will disprove adverse possession, so it is crucial to get legal advice rather than taking a stand against anyone seeking to evict you.

Things You'll Need

Legal advice

Quality legal texts - look for books on property law from legal publishers

Article Info

wikiHow is a “wiki,” similar to Wikipedia, which means that many of our articles are co-written by multiple authors. To create this article, volunteer authors worked to edit and improve it over time. Together, they cited 6 references. This article has also been viewed 49,019 times.